Frivolous Conduct

By HSK, April 25, 2014

The Ohio Supreme Court recently upheld a twenty thousand dollar attorney fee award against a litigant and the litigant’s attorney for frivolous conduct.  Probate court is unfortunately a place where frivolous conduct occurs because some attorneys and their clients will not accept logic.  Now that the supreme court has staked out the propriety of awarding tens of thousands of dollars against litigants and attorneys who waste the time of others, it is likely that local courts may be more likely to follow suit.  The court defined frivolous conduct as filing or pursuing a civil action that is not warranted under existing law, cannot be supported by a good faith argument for an extension, modification or reversal of existing law, or cannot be supported by a good faith argument for the establishment of new law.  Probate court is not for putting grieving persons through pointless litigation.  If it happens, let us hope probate judges will bear down on those who abuse others and the system.

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